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MTR CARVER v. ITHACA SCH.

107 Misc.2d 741 (1981)

In the Matter of Francis Carver, Petitioner, v. Ithaca City School District, Respondent.

Supreme Court, Special Term, Tompkins County.

January 14, 1981

Attorney(s) appearing for the Case

Martin A. Luster for petitioner. Bond, Schoeneck & King (Richard C. Heffern of counsel), for Ithaca City School District, respondent. Robert Abrams, Attorney-General (Thomas J. Maroney of counsel), for New York State Teachers' Retirement System, respondent.

RICHARD F. KUHNEN, J.

Petitioner, a tenured school teacher employed by the Ithaca City School District, seeks to enjoin the district from holding a hearing to determine whether it should file an application with the New York State Teachers' Retirement System for involuntary retirement by reason of mental or physical incapacity from performance of duties.

Petitioner disputes the right of the district to hold such a hearing and insists that the...

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